MATTER OF INC. VILL. OF HEMPSTEAD v. HOWE


203 A.D.2d 983 (1994)

612 N.Y.S.2d 1003

In the Matter of The Incorporated Village of Hempstead, Petitioner, v. Elin M. Howe, as Commissioner of The State of New York Office of Mental Retardation and Developmental Disabilities, Respondent. Family Residences and Essential Enterprises, Inc., Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 15, 1994


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

We conclude that the Commissioner's determination is supported by substantial evidence. Petitioner failed to meet its burden of proof by adducing clear and convincing evidence that the establishment of the proposed residential facility for developmentally disabled adults would result in "both an overconcentration of similar facilities and a substantial alteration of the nature...

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